Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Wednesday, November 22, 2017

NY Family Court's Jurisdiction Over Permanency Hearings

From New York Law Journal:

ALBANY—The state’s highest court overruled a lower court’s ruling Monday as to whether Family Court has jurisdiction to conduct a permanency hearing once an underlying neglect petition has been dismissed for failure to prove neglect.

The opinion by Associate Judge Rowan Wilson reversing the Appellate Division, Fourth Department, Matter of Jamie J., 2016 NY Slip Op 07424, asks whether the Family Court Act Article 10-a provides continuing jurisdiction if the underlying Article 10 neglect petition is dismissed.

The decision stems from a request from the Wayne County Department of Social Services to temporarily remove the 1-week-old child of a woman identified as Michelle E.C. In November 2014, the department placed the child, referred to as Jamie J., in foster care and a neglect proceeding against Michelle began under the Family Court Act Article 10, which alleged that the child was at imminent risk of harm because of the mother’s inability to provide adequate care for her child.

Read more here.

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